CHAPTER 4-03
SUPPLEMENTARY DISTRICT REGULATIONS. SECTIONS:
4-0301. General Fencing and Screening Requirements.
4-0302. Accessory Building and Use Provisions.
4-0303. Exceptions.
4-0304. Erection of More Than One Principal Structure on a Lot.
4-0305. Structures to Have Access.
4-0306. Currently Licensed Motorized Vehicle and Equipment Parking in Residential District.
4-0307. Parking and/or Storage of Certain Vehicles and Materials.
4-0308. Provisions of Home Occupations.
4-0309. Wireless Telecommunications.
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SECTION 4-0301. GENERAL FENCING AND SCREENING REQUIREMENTS.
(1) DEFINITION OF FENCE. An artificially constructed structure of any material or combination of material erected to enclose or screen areas of land.
(2) GENERAL FENCING AND SCREENING REQUIREMENTS FOR RESIDENTIAL AREAS. In any residential district, fences, hedges, and plantings may be permitted in the buildable area and in any required yard, or along the edge of any yard, provided that no fence or hedge along the sides or front edge of any required front yard shall be over two and one-half (2½) feet in height, except on through lots or double frontage lots where one of the front yards is intended to serve as the rear yard and is consistent with the other lots on the block a fence or hedge may be up to six (6) feet in height. All fencing and screening shall meet visibility requirements for intersections by not impeding vision between a height of two and one-half (2½) feet and ten (10) feet within thirty (30) feet from the intersecting curb lines, or within twenty (20) feet from the intersecting property lines if there is no curb. Coordinated fencing schemes for the block are strongly encouraged, and if possible developed during the subdivision process. No fence or hedge within any buildable area or along any side or rear lot line shall be over six (6) feet in height. Open fences, such as split rail or chain link without slats, which permit direct vision through at least 75% of the fence surface area shall be allowed a height of four (4) feet along the sides or front edge of any front yard.
(3) REQUIRED FENCING AND SCREENING. Where any business, industrial users, or multiple-family buildings of four (4) or more units (i.e., structure, parking or storage) abuts property zoned for residential use, that business, industry, or multiple-family building shall provide screening along the boundary of the residential property. Screening shall also be provided where a business, industry, or multiple-family building of four (4) or more units is across the street from a residential zone, but not on that side of a business, industry, or multiple-family building considered to be the front yard. Provided, however, that the provisions of this section will not apply where a multiple-family building abuts a property also zoned for multiple-family use. All fencing and screening specifically required by this section shall meet visibility requirements for intersections and other requirements as stated herein, and shall consist of either a fence or green belt planting strip. A required screening fence shall be constructed of masonry, brick, wood or metal. Such fence shall provide a solid screening effect six (6) feet in height for multiplefamily uses and at least six (6) feet in height for business and industrial uses. A green belt planting strip shall consist of evergreen trees and/or deciduous trees and plants and shall be of sufficient width and density to provide an effective visual screen. This planting strip shall be designed to provide substantial visual screening to a minimum height of six (6) feet. Earth mounding and berms may be used but shall not be used to achieve more than three (3) feet of the required screen, unless otherwise provided for by the City (i.e., PUD requirements).
(4) CONSTRUCTION STANDARDS. No fence, hedge, or plantings shall be constructed or maintained with electrified barbed wire, or other spiked materials which may pose injurious to public health and safety. Posts and other supporting structures used in the construction of fences shall be faced inward toward the property being fenced.
(5) PRIVATE RECREATIONAL FENCES. Private recreational fences shall conform to the provisions attached to residential fences. Swimming pool fences shall be six (6) feet in height.
(6) PUBLIC FENCES. Fences used in connection with public facilities and public recreational uses shall have a maximum height of ten (10) feet in any yard and be of the open fence variety. Residential construction standards shall apply to all public fences.
(7) NON-RESIDENTIAL FENCES. Fences in light commercial areas shall conform to the provisions of residential fences. Fences in industrial or agricultural districts shall conform to the provisions attached to residential fences except where the Building Administrator determines it would be in the public welfare to add to fence height or to add security materials onto the fence. In such cases, fences shall not exceed ten (10) feet in height.
(8) TEMPORARY FENCES. Temporary fences needed to enclose sites, such as construction sites, do not require fencing permits.
SECTION 4-0302. ACCESSORY BUILDING AND USE PROVISIONS. Accessory buildings and uses, except as otherwise permitted in this Ordinance, shall be subject to the following regulations:
(1) An accessory building or use which is structurally attached to a main building, shall be subject to, and must conform to, all regulations of this Ordinance applicable to the main building.
(2) No detached accessory building or use in any residential district shall exceed a ten (10) foot high sidewall. The pitch on said accessory building must have the same pitch as the roof on the main structure. The height of the accessory building must not exceed the height of the main structure. The height on any garage door of any accessory structure must not exceed ten (10) feet.
(3) No detached accessory building or use shall be erected in any required yard, except a rear yard, nor shall it be located closer than five (5) feet to any side or rear lot line, subject to the following exceptions:
(a) Where the rear lot line is coterminous with any alley right-of-way, the accessory building or use shall not be closer than one (1) foot to such a rear lot line except when a garage is entered from an alley at right angles, it shall not be nearer than ten (10) feet to the rear lot line.
(b) On corner lots, an accessory building or use, including driveways on the street side, shall maintain the same side yard setback required for the main building, except for garages accessing a public street, which shall maintain a setback of 18 feet for lots of 50 feet or less and 20 feet for lots greater in width than 50 feet.
(c) In no instance shall an accessory building or use be located within a dedicated easement or right-of-way.
(d) On through lots or double frontage lots where one of the front yards is intended to serve as the rear yard and is consistent with the other lots on the block, detached accessory buildings may be erected within twelve (12) feet of the intended real lot line and five (5)feet of the side lot line.
(e) Accessory buildings for townhouses may be constructed up to the interior lot line following the principal building scheme..
(4) No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced.
(5) No accessory building in a residential district in the city limits shall exceed a maximum of 1,500 square feet, except accessory buildings greater than 1,500 square feet are a conditional use in the Rural Estate District. Source: Ord. 2011-13, Sec. 1 (2012)
(6) All swimming pools as defined by this ordinance shall be regulated as follows:
(a) A permit shall be required for all swimming pools with a capacity of five thousand (5,000) gallons and/or two feet (2') or more of depth. Each application for a permit to construct or erect a swimming pool shall be accompanied by plans of sufficient detail to show:
1. The proposed location and its relationship to the other principal buildings on the lot.
2. The size of the pool.
3. Fencing and other fixtures existing on the lot, including utility location and trees.
4. The location, size and types of equipment to be used in connection with the pool, including but not limited to filter unit, pump, fencing and the pool itself.
5. That the requirements contained in subsection b below will be satisfied.
(b) All below ground pools for which a permit is required and granted shall be provided with safeguards to prevent children from gaining uncontrolled access. This can be accomplished with fencing, screening or other enclosure, or any combination thereof of sufficient density as to curtail access. If fences are employed, they shall be at least six feet (6') in height. Fences shall be of a noncorrosive material and shall be constructed so as to be not easily climbable. All fencing openings or points of entry into the pool enclosure shall be equipped with gates or doors. All gates or doors to swimming pools shall be equipped with self-closing and self-latching devices placed at a sufficient height so as to be inaccessible to all small children. All fence posts shall be decay or corrosion resistant and shall be set in concrete bases or other suitable protection. The opening between the bottom of the fence and the ground or other surfaces shall not be more than four inches (4").
(c) All above ground pools shall be provided with safeguards to prevent children from gaining uncontrolled access.
SECTION 4-0303. EXCEPTIONS.
(1) Exceptions to Yard and Height Requirements.
Yard Encroachments: Every part of a yard or court shall be open and unobstructed by any building or structure, from its lowest point upward, except as follows:
(a) Accessory structures, as governed by Section 2 of Chapter 4-03, are permitted in rear yards.
(b) Awnings, balconies, sills, cornices, buttresses, and eaves may project not more than five (5) feet over or half the distance of the required side yard, whichever is less.
(c) Walks, steps for negotiating ground slopes, retaining walls, hedges and natural growth, fences, paved terraces and paved areas.
(d) Structures used ornamentally or for gardening or for private recreation purposes, and structures for essential services, all accessory to and customarily incidental to the principal use, are permitted in yards and courts, provided that a side yard strip three (3) feet in width adjoining the side line of the lot shall be unobstructed by any structure or feature, except a fence or retaining wall.
(e) Uncovered porches, and steps to building entrances may not extend more than five (5) feet into any required front yard or required rear yard and not more than three (3) feet into any required side yard or court.
(f) Open work fire balconies and fire escapes may extend not more than three (3) feet into a required yard or court.
(g) Chimneys and flues may extend not more than two (2) feet into a required yard or court.
(2) Exceptions to Height Regulations: The height limitations contained in the district regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, solar energy collectors and equipment used for the mounting or operation of such collectors, or other appurtenances usually required to be placed above roof level and not intended for human occupancy. Although exempted from structural height limitations, these structures should not significantly impair solar access of buildings or solar collector locations.
SECTION 4-0304. ERECTION OF MORE THAN ONE PRINCIPAL STRUCTURE ON A LOT. In any district, more than one structure housing a permitted or permissible principal use may be erected on a single lot, provided that yard and other requirements of this Ordinance shall be met for each structure as though it were on an individual lot.
SECTION 4-0305. STRUCTURES TO HAVE ACCESS. Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required offstreet parking.
SECTION 4-0306. CURRENTLY LICENSED MOTORIZED VEHICLE AND EQUIPMENT PARKING IN RESIDENTIAL DISTRICTS.
(1) Purpose: To prevent the extended storage of those vehicles and equipment which (due to general factors of nuisance) affects the well functioning and character of a residential neighborhood and the community.
(2) For the purposes of this ordinance, the following definitions apply:
(a) Currently Licensed Motorized Vehicle or Equipment. Any motorized vehicle or equipment which is licensed and operable for the current year in which it is inspected by the City. This includes passenger vehicles and recreational equipment.
(b) Improved Parking Surface. Shall consist of a durable surface to include concrete, asphalt or gravel. Grass or dirt shall not constitute a durable surface.
(c) Residential Districts. Shall include the zoning districts specified as R-l; R-2; and R-3.
(d) Summer Parking/Storage. Shall include the period between April 15th to October 15th.
(e) Winter Parking/Storage - Shall include the period between October 15th to April 15th.
(3) Currently licensed vehicle or equipment parking on residential lots may be parked in the following-described areas:
(a) Garage/Carport. Parking or storage may occur entirely within a garage or carport.
(b) Required Rear Yard. Parking or storage may occur within the required rear yard provided that a 3' setback be maintained for rear or side lot lines. This requirement may be waived where written agreement authorizing this waiver is made between the subject property and those neighbors whose 4-3-7 property physically touch the subject property. This agreement shall thereupon be presented to the City Planner for recording. The 3' setback requirement may also be waived should a 6' privacy fence or equivalent landscaped screened area exist between vehicle/equipment parking and the lot line.
(c) Required Side Yard. Parking or storage may occur within the required side yard provided that a 3' setback be maintained from the side lot line. This requirement may be waived where written agreement authorizing this waiver is made between abutting neighbors to either side of the subject property and thereupon presented to the City Planner for recording. This requirement may also be waived should a 6' privacy fence or equivalent landscaped screened area exist between vehicle/equipment parking and the required side yard lot line. Vehicles or equipment shall be parked behind the nearest portion of a building to the street unless written authorization is given by the neighbors in accordance with the process as described above. However, under no circumstance shall vehicle or equipment parking occur within 8' of the sidewalk or, where no sidewalk exists, 8' from the front lot line.
(d) Required Front Yard. Currently licensed vehicles and equipment may be parked during any period on an improved parking surface. Summer parking/storage shall occur on an improved parking surface for a time not to exceed a total of 11 days in any fourteen (14) day period. Winter parking/storage shall occur on an improved parking surface and for a time not to exceed 72 hours in any seven (7) day period. All vehicles and equipment shall maintain an 8' setback from the sidewalk or, where no sidewalk exists, an 8' setback from the front property line. Under no circumstances shall vehicle or equipment parking block the public right-of-way.
(e) No such vehicle or equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot, or in any location not approved for such use.